Right on Crime- Going rogue: How Radical, Reformist Prosecutors Are Endangering Public Safety

 

Going Rogue:  How Radical, Reformist Prosecutors Are Endangering Public Safety

by Ross Jackson

Despite decades of bipartisan criminal justice reform and declining national crime rates, several U.S. cities have experienced increases in crime under the leadership of rogue prosecutors who abuse their discretion by refusing to enforce laws they disagree with and instead pursue lenient charges against violent criminals. These district and county attorneys implement formal or informal non-prosecution policies that violate their sworn duties, under-mine the rule of law, and erode public trust in the justice system. Data from the FBI indicates that during the tenure of these prosecutors, occurrences of several major crimes, such as murder and aggravated assault, rose. The crime rates in cities like Austin, Philadelphia, and Minneapolis illustrate correlations between the implementation of reformist prosecutorial policies and some rises in violent and property crime (FBI, n.d.). States, like Texas, have responded by enacting laws to enable the public to remove such officials. 

Rogue prosecutors continue to refuse to enforce certain laws for political purposes, despite previous legislative attempts to address the issue. This paper evaluates several innovative policy solutions to address the issue in Texas, including the creation of a Statewide District Attorney’s Office, led by a Chief State Prosecutor; the establishment of an oversight commission; the formation of regional judicial districts; and the expansion of the Attorney General’s prosecutorial authority. These solutions may also be replicated in other states. Texas must adopt a strengthened, statewide framework to ensure uniform enforcement of state law, preserve public safety, and restore confidence in our criminal justice system.

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